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Not paying gratuity.

(Querist) 18 December 2018 This query is : Resolved 
Dear Sir,
I Mr. Vikram Chavan, served in Border Security Force (BSF) for 12 years and resigned from service. After accepting my resignation by Authority, I applied for Gratuity of 12 years service in Border Security Force vide Payment of Gratuity Act 1972; but they denied, as stating that, No Gratuity is applicable on resignation in BSF. Hence it is requested to kindly guide me take action on this & as the citizen of India and as member of BSF payment of Gratuity Act 1972 is applicable to me or not. if applicable, how could I get gratuity from BSF.
Isaac Gabriel (Expert) 18 December 2018
Check up with the rules prevalent with regard to terminal benefits at BSF.
Isaac Gabriel (Expert) 18 December 2018
Better check up before claiming
Sudhir Kumar, Advocate (Expert) 18 December 2018
Payment of Gratuity Act does not apply to Govt. BSF is governed by CCS(Pension) Rules.
kavksatyanarayana (Expert) 18 December 2018
I think, it requires a minimum service of 20 years to get all pensionery benefits.
Kumar Doab (Expert) 18 December 2018
Would you update who has advised to claim under the Act posted by you!
Dr J C Vashista (Expert) 19 December 2018
You are eligible for payment of gratuity, issue a legal notice followed by writ of mandamus in High Court through a local lawyer practicing service matters.
Vikram Chavan (Querist) 19 December 2018
Thank You, Dr J C Vashista Sir.
Vikram Chavan (Querist) 19 December 2018
Dear Sudhir Kumar Sir, kindly please refer the Payment of Gratuity Act 1972, Section 4 Para (1) (b). kindly please provide Rule of CCS (Pension) for non applicable.
Kumar Doab (Expert) 19 December 2018
Sudhirji may respond.
Wait!
Kumar Doab (Expert) 19 December 2018
In the meantime go thru
The Border Security Force Rules, 1969 :
e.g; 19, 20(5)

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). 9647-9650 OF 2003 UNION OF INDIA & ORS. Appellant (s) VERSUS MADHU E.V. & ANR. Respondent(s) J U D G M E N T R.M. LODHA, J.
https://www.sci.gov.in/jonew/judis/39281.pdf
Rajasthan High Court - Jodhpur
Devi Singh vs Union Of India & Ors on 7 March, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10886 / 2017
https://indiankanoon.org/doc/131029874/

https://indiankanoon.org/doc/614154/

J&K High Court; SWP 2652 of 1999 Lal Chand vs Union of India
https://www.casemine.com/judgement/in/56b48ca5607dba348ffedd1d
Kumar Doab (Expert) 19 December 2018
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Labor/Service matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.
Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.
Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.
There are such very able counsels at each location.
Check for such counsels at LOCAL; Labor Court/CGIT, CAT/School-Educational Tribunal/Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Labor/service matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals.


The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.
Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.
Obtain proper legal opinion in writing.
Sudhir Kumar, Advocate (Expert) 20 December 2018
Have you represented to the deptt under Payment of Gratuity Act?


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